Discipline Rights & the Manifestation Determination Review

Student Discipline Rights in District 19: A Guide for Parents

If your child with an IEP has been suspended in District 19 (East New York, Brownsville (east), Starrett City), you're likely feeling overwhelmed and confused. This page is designed to give you immediate, actionable information about your child's rights and the steps you should take now. The information here is based on New York State Education Law and special education regulations. Remember, District 19 is required to provide a safe and supportive learning environment, and that includes ensuring fair disciplinary practices, especially for students with IEPs.

New York State Education Law 3214 governs student suspensions. It's crucial to understand that students with IEPs have additional protections compared to general education students. These protections are in place to ensure that disciplinary actions don't unfairly penalize students whose behavior is linked to their disability or a failure in their special education program. This page will walk you through the key aspects of discipline for students with IEPs, focusing on the Manifestation Determination Review (MDR) process and your rights as a parent.

Short-Term Suspensions: The 10-Day Rule

The first thing to understand is the "10-day rule." District 19 can suspend your child for up to 10 cumulative school days in a school year without triggering a Manifestation Determination Review (MDR). This means that if your child has multiple short suspensions that add up to 10 days or less, the school district doesn't automatically have to determine if the behavior is related to their disability.

However, even during these short-term suspensions, your child is still entitled to a Free Appropriate Public Education (FAPE). While the district isn't required to hold an MDR, they should still consider whether your child needs continued access to their IEP services to ensure they don't fall behind on their goals. Contact the Committee on Special Education (CSE) to discuss this.

New York Education Law 3214 outlines the notice requirements for short-term suspensions. The school must inform you of the reason for the suspension and give your child an opportunity to explain their side of the story. For suspensions of five days or more, the superintendent (or their designee) must hold an informal conference with you and your child. This is your chance to present information and advocate for your child. Make sure you document everything, including the date, time, and attendees of the conference, as well as the points you raised.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP faces a suspension that exceeds 10 cumulative school days in a school year, or when there is a pattern of removals that constitute a change of placement. Even if no single suspension exceeds 10 days, a series of shorter suspensions could be considered a pattern if they are close in time and share similar characteristics. The key question is whether the series of suspensions creates a significant disruption to the student's educational progress. Contact the district to confirm their specific policies on what constitutes a "pattern of removals."

The purpose of the MDR is to determine if the student's behavior was caused by, or directly and substantially related to, their disability, or if it was a direct result of the school district's failure to implement the IEP. Both of these questions must be examined independently.

The MDR meeting must be held within 10 school days of the decision to change the student's placement due to a disciplinary action. The IEP team, including you as the parent, relevant school personnel (such as teachers and administrators), and any other individuals you or the school deem appropriate, must attend the MDR meeting. It's crucial that you actively participate in this meeting and bring any relevant information that supports your position.

The MDR team will address two critical questions:

1. Was the conduct caused by, or directly and substantially related to, the child's disability? 2. Was the conduct a direct result of the school district's failure to implement the IEP?

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for your child's education. If the MDR team determines that the behavior was a manifestation of your child's disability (meaning the answer to either of the two questions is "yes"), the district cannot proceed with a long-term suspension.

In this case, the school must immediately return your child to their previous placement, unless you and the district agree to a change of placement as part of the IEP process. The IEP team must also conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted, and implement or revise a Behavior Intervention Plan (BIP) to address the behavior. The FBA helps identify the triggers and functions of the behavior, while the BIP outlines strategies to prevent and manage the behavior in a positive and proactive way. Make sure the BIP is specific, measurable, achievable, relevant, and time-bound (SMART).

If the MDR team determines that the behavior was not a manifestation of your child's disability (meaning the answer to both questions is "no"), the district may proceed with the suspension. However, even in this situation, your child is still entitled to a Free Appropriate Public Education (FAPE). The district must provide services that allow your child to continue to participate in the general education curriculum and progress toward their IEP goals during the suspension. This could include alternative assignments, tutoring, or other supports. Don't hesitate to demand specifics about how the district will ensure FAPE during the suspension.

The 45-Day Interim Alternative Setting

There are three specific circumstances where District 19 can remove a student with an IEP to an interim alternative educational setting for up to 45 school days, regardless of whether the behavior is a manifestation of their disability:

* Carrying a weapon to school or possessing a weapon at school. * Knowingly possessing or using illegal drugs, or selling or soliciting the sale of a controlled substance, at school. * Inflicting serious bodily injury upon another person at school.

Even in these situations, the district must provide educational services that enable the student to continue to participate in the general education curriculum and progress toward their IEP goals. The interim alternative setting must be appropriate for the student's needs and should be designed to address the behavior that led to the removal.

If you disagree with the district's decision to place your child in an interim alternative setting, you have the right to challenge the decision through an expedited due process hearing. This is a faster process than a regular due process hearing, and it's designed to resolve disputes quickly. You should contact an attorney or advocate experienced in special education law to help you navigate this process.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a process used to identify the reasons behind a student's behavior. It looks at what happens before the behavior (antecedents), the behavior itself, and what happens after the behavior (consequences). The goal is to understand the function of the behavior – what the student is trying to achieve by engaging in the behavior.

District 19 is required to conduct an FBA if a student's behavior impedes their learning or the learning of others. This is especially important for students with IEPs, as their behavior may be related to their disability or a lack of appropriate supports.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. It outlines specific strategies to prevent and manage the behavior. A good BIP should include:

* Proactive strategies to prevent the behavior from occurring in the first place. * Teaching strategies to help the student learn alternative behaviors. * Reactive strategies to manage the behavior when it does occur. * Data collection methods to track the effectiveness of the plan.

As a parent, you have the right to request an FBA proactively, even before a crisis occurs. If you see a pattern of behavior that is concerning, or if you believe your child's current IEP doesn't adequately address their behavioral needs, put your request in writing to the CSE. The district is required to consider your request and respond in a timely manner. Document everything.

Day 1 Checklist: What to Do When Your Child Is Suspended

If your child has been suspended, take these steps immediately:

1. Get the suspension notice in writing. This notice should include the reason for the suspension, the length of the suspension, and your child's rights. 2. Count the cumulative suspension days for the school year. Keep a record of all suspensions, even short ones. 3. If your child is approaching 10 cumulative suspension days, request a Manifestation Determination Review (MDR) in writing immediately. Send this request to the principal and the CSE. 4. Contact the CSE office to request continuation of services during the suspension. Insist on specific details about how the district will ensure your child continues to make progress on their IEP goals. 5. If you believe the suspension is unfair or violates your child's rights, consider filing a State Complaint with the New York State Education Department (NYSED). You can find information about filing a complaint on the NYSED website. 6. If you disagree with the district's decisions regarding the suspension or the MDR, you have the right to request an expedited due process hearing. This is a more formal process that involves presenting evidence and arguments to an impartial hearing officer. Contact an attorney or advocate experienced in special education law to help you with this process. 7. Document everything. Keep copies of all correspondence, suspension notices, IEPs, and other relevant documents.

Remember, you are your child's best advocate. By understanding your rights and taking proactive steps, you can help ensure that your child receives a fair and appropriate education, even in the face of disciplinary challenges. Don't hesitate to seek help from attorneys, advocates, or parent support organizations if you need it.